A local women's rights group has called for the legalisation of prostitution in order to avoid the victimisation of sex workers in the country.

According to Tenaganita's coordinator for Migrant Workers Aegile Fernandez, prostitution falls within a grey area.

"Our country's law neither states that it is legal or illegal, thus leaving sex workers unprotected and dehumanised," she told malaysiakini today.

"Sex workers who are caught in raids are usually charged for indecent dressing or behaviour. Foreigners, on the other hand, are asked for their documents and then deported to their home country for having invalid documents, making it an immigration matter," Fernandez said.

She added that non-governmental organisations have for a long time now, been asking for prostitution to be legalised, especially by looking at it from a human rights point of view.

Fernandez was commenting on a Bangladeshi high court ruling last Wednesday that declared prostitution as "not illegal" in the predominantly Muslim country.

Two high court judges, Muhammad Fazlul Karim and Mohammad Wahab Miah, ruled that the profession was not illegal since they (sex workers) did it to earn a living and prostitutes could only be rehabilitated voluntarily.

They added that otherwise, these workers should not be forced to stop doing their job as the right to livelihood of sex workers was enforceable as a fundamental right.

The ruling came after a writ was filed by several human rights groups against the eviction of several thousand prostitutes in the country's oldest brothels in Narayanganj. They were forced out of their rented quarters in July last year by police after a campaign by a local legislator to shut down the red light area. Some of the workers were then placed in government vagrant homes.

Fernandez lauded the judges' decision in Bangladesh.

"The judges saw the human side of the women. From my personal experience of being in Bangladesh, these women are forced to prostitute themselves because of poverty, to feed their families," she said, adding that the judgement would now mean that the public will not dehumanise and make fun of these women.

"Since sex work is now seen as a job, it gives greater protection to the workers as there will be a stop to harassment and rape against them. It will also provide greater accessibility to health and education for these women as NGOs will now have more freedom and openness in educating and advising them," Fernandez said.

She added that the Malaysian government should adopt the same ruling.

"The government does not want to address the matter as it is 'religious' in nature. But if a Muslim country like Bangladesh can do it, why can't we?" she questioned.

Citing Holland as an example, Fernandez added that the government would be able to exert more control upon sex workers if prostitution was legalised.

"A certain area in Holland has been designated for sex workers, which allows control over the trade. The workers are also protected and educated," she said.